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Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......e under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. The jurisdiction exercisable by a Court under section 476 is in the following terms: "476. Procedure in cases mentioned in section 195.- (1) When any Civil, Revenue or Crimina......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ..Category: Property Law | Date: | Hits: 122
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......…..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to t......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch..
Category: Administrative Law | Date: | Hits: 494
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......ত/ভুসব dated 7-2-2008 issued by the Deputy Commissioner-in-Charge, Dhaka and Deputy Director, National Housing Authority addressed to some of the petitioners (Annexure-P-1). Rule in similar terms was issued in each of the other three writ petitions in respect of the lawful authority of the......so Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......d Mayor of Dhaka City Corporation who has been performing his duties with sincerity and satisfaction of the city dwellers. Moreover, the petitioner was a Member of Parliament in 3 (three) consecutive terms ending in 2006. Now, when the petitioner was taking preparation to contest in the ensuing parl......s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......d together and are being disposed of by this common judgment as they do involve common questions of laws and facts.
2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under the following terms:
3. Let a Rule Nisi issue calling upon the respondents to show cause as to why the notifica......n: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......d the age of eighteen years and is not declared by a competent Court to be of unsound mind. The requirement as to being resident in a constituency as envisaged by Article 122 is couched in the widest terms, so that not only one who is resident in a constituency is entitled to vote but any person who......igh Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......agreement necessary work order was issued to the plaintiff contractor on the same day ie on 30‑10‑90 vide Memo No.K‑70/5247 of the Office of Executive Engineer, Chittagong, O&M Division. In terms of the agreement the work of the project was to commence on 30‑10‑90 and to be finished by......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......nd, as such, it constitutes no breach of trust. If there is any breach of contract, the remedy is in the Civil suit and that no criminal case would lie against the accused-petitioner for violation of terms and conditions of loan agreement, Entrustment is the main ingredient of the offence of crimina......Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ..Category: Criminal Law | Date: | Hits: 92
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ukut caused serious bleeding injury on the right side of the chest of deceased Ajoy Kumar and, also, that they caused swelling injury on different parts of the body but they were put questions in the terms that they generated serious bleeding injury on the right side of the chest of deceased Ajoy Ku......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......he industrial sector. The Bank also published a Booklet on Industrial Investment in 1984 wherein it invited proposals from entrepreneurs for setting up new industries. It offered project loan on easy terms of 80:20 debt-equity basis in an effort to supplement the Government policy of rapid industria......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......he original defendants have preferred this revisional application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite part......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......petition of complaint before the Special Judge, Bagerhat as stated above. 3. On receipt of the petition of complaint the learned Senior Special Judge examined the complainant petitioner on oath in terms of section 200 of the Code of Criminal Procedure. But before taking cognisance the learned Spe......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......of Jagannath College, Dhaka met in an emergent meeting on 7‑8‑90 which was presided over by the principal of the college and the Council denied all the allegations specifically and in unambiguous terms. The resolution of the said emergent meeting was sent to the Vice Chancellor and other concern...... also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ead with Article 16 of the Constitution. Therefore, consistent with the scheme for public employment, this Court while laying down the law, has necessarily to hold that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would n......also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
...... respondent No.2 on 27.1.1999 accorded 'No objection' to the Managing Director, Taj Jute Backing Company Ltd. in respect transfer of those private shares in favour of the writ petitioner wherein some terms and condition has also been imposed in respect of said transfer. Thereafter Uttara Bank, being...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ebutter and on 1st of Falgoon 1351 B.S. he made another deed of gift of some more properties and in the deed mentioned the time of successions of Shebait ship of deities and also mentioned some other terms for proper management. He never revoked or cancelled those deeds either expressly or by implic......ecords immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......s do not arise out of contracts, such as, moral, social and religious, and all incomplete agreements. In order to obtain specific performance there must be a concluded contract which is complete. The terms of the contract must be precise and certain and there must be no ambiguity. Voidable agreement......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......rved as follows: "Reading all the sections together, sections 8, 9. 10, 12 and 15, it is clear that abatement will take place if the acquiring authority fails to "pay" or "deposit" compensation in terms of section 10 within one year from the date of decision of the Government (which is section 5 ......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......tannama of 1343 BS by which its predecessors-in-title allegedly took settlement of the entire waqf estate from its Mutawalli. Put into the legal perspective as above the pattannama needs be tested in terms of its validity precisely for the reason that theplaintiff's case rises and falls with the fat......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......ills of entries and the writ petitioners presented the respective bills of entries after the notification being SRO No.252 dated 6.8.2000 came into operation. 7. Leave was granted in the following terms:- "The learned counsel for the petitioners of the leave petitions submitted that High Cou.............................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Res..Category: Fiscal/Taxation Law | Date: | Hits: 128
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